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U.S. v. LINICK

No. 98-10502.

195 F.3d 538 (1999)

UNITED STATES of America, Plaintiff-Appellant, v. Michael D. LINICK; Henry G. Bailey, III, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 9, 1999.

Attorney(s) appearing for the Case

Howard S. Scher, United States Department of Justice, Washington, D.C., for the plaintiff-appellant.

Michael D. Linick, Pro per, Eugene, Oregon, for the defendant-appellee.

Before: PREGERSON and WIGGINS, Circuit Judges, and CARTER, District Judge.

WIGGINS, Circuit Judge:

The United States appeals the district court's dismissal of an information filed against defendants Michael D. Linick and Henry G. Bailey, III (collectively "Defendants"). The information charged Defendants with the use of the Apache-Sitgreaves National Forest without a permit in violation of 16 U.S.C. § 551 and related Forest Service regulations. In dismissing the information, the district court ruled that the language of 36 C.F.R. &...

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